Hon. 0. P. Lockhart Opinion No. O-3987
Chairman Ret Are agents and attorneys of Texas
Board of Insurance State Life Insurance Company entitled
Commlssiorlers to copy letters written to the Board
Austin, Texas of Insurance Commfssioners about the
company?
Dear Sir:
We have your request for our opinion on the above question,
as contained in your letter of September 15, 1941, which we quoter
llYou are familiar with the fact that the Board of
Insurance Commissioners voted to refer the Texas State Life
Insurance Company of Dallas, Texas, to you for legal action
to place It In receivership and to cancel Its charter; fur-
ther that following an application for au injunction filed by
the 6ompany it was agreed that this Department would answer
Q.&;u;ies with a certain form of letter, copy of which is at-
.
“We have had some discussion with the Company about this
letter and have indicated to them that we would like to answer
Inquiries more in detail, at the same time making only such
statements as are correct and proper. In discussing this mat-
ter with the Company*s attorneys on Saturday, February 13, they
requested to see some of the letters that were written to the
Department which we desired to answer. Some of these letters
were shown to their attorney by Mr, Barrow, Chief Examiner and
Chlef Clerk, in the offfce 0 Thefr attorney, Mr. Milton Vance,
then stated they would like to have a stenographer come to the
Department and make a copy of all letters which have been writ-
ten to us about the Texas State Lffe Insurance Company since
the filing of the suit In May of this year,
“Will you please give us your opinion as to whether or not
the Company and its attorneys are entitled to make a copy of
letters written to us about the Company?”
We are informed by Mr. Da B0 Barrow, Chief Bxaminer for the
Board of Insurance Commissioners, that the letters to which you refer
are commuulcatlons from private parties to the Board, most of them ‘be-
ing inquiries about the Texas State Lffe Insurance Company, and some
of them being complaints about the company,
Hon. 0. P. Lockhart, page 2 (O-3987)
It must be conceded that the Texas State Lffe Insurance
Company can show ao Interest i.n these letters. Then ff these letters
are records of a public nature B and not secret and confidential, the
duly appointed representatives of the company would seem to have a
right to inspect them, and copy them. Such is the holding of our
Opinions No. O-2044 and No. O-3755, cop:les of which are attached here-
to.
But who can say that these letters are not secret and con-
fldentlal? In the very nature of them9 many of the writers must have
so intended them.
“With respeet to property in letters and the right
to restrain the publication o,f private correspondenoe,
there appear to be no Texas authorities although deci-
sions on these questions axe to be fouo 8 fn other jurfs-
dictions.” 27 Tex.Jur, 433
The general rule seems to be that the writer of even a mere
business or personal letter has a property right therein; and that no
one else with certain exceptions not necessary to be noted here, has
any righe to make any unauthorized publication thereof. (See Note,
51 L.&A. 360, 361.)
Further, the Board of Imurance Comu&ssfoners has the right,
by inference at leas,t, to refuse pr%vate persons access to such com-
mwnlcations, under the terms of Section l5 of Artfcle 4682, Revfsed
Civil Statutes, 192s9 whfch fs as fo1lows:
‘“15 D Gfve certified copies. I~ At .th,e request of any
person, and oh the payment of the legal fee, he shall give
certified copies of any re,cord or papeps in his office,
9 at-id
shall give such other certiffcates as me provided for by
law elf (Underscor%ng ours 01
It is therefore our opfnfon that agents and attorneys of ah
insurance company are hot en.tl,tled, as a m,atter of right, to Copy
letters written by private parties to the Board of Insurance Commis-
sioners about such fnsuraaee com.pany.
Yours very truly
APPROVED SEP 23, 1941 ATTORNEY GENERALOF TEXAS
~/s/ Gerald C. Mann By /s/ W, R0 Al,len
ATTORNEY GENERAL OF TEXAS W. FL, Allen, Assfstaht
APPROVED:;P&NI~~ONC~TTEE
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